HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.il.us
Final Action Dale:
File Number 05-00714
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FLORIDA PARAPLEGIC
ASSOCIATION, INC., DENNY WOOD AND DAMIAN GREGORY ATTORNEYS
FEES AND COSTS OF $92,000, AND DIRECTING THE CITY MANAGER
TOSAND MAKE
REPAIRS AND MODIFICATIONS TO THE PARKS, BUILDINGS
SIDEWALKS WITHIN THE MAINTENANCE JURISDICTION OF THE CITY OF
MIAMI TO COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES, 1N FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE OF
FLORIDA PARAPLEGIC ASSOCIATION, INC., ET AL VS. CITY OF MIAMI, IN THE
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI
DIVISION, CASE NO. 03-21039-CIV-GOLD, UPON DISMISSING THAT CLAIM
SUBJECT TO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM; ALLOCATING
COSTS FROM THE SELF-INSURANCE ANDPAYMENT OF 2'000 OF
ATTORNEYS FEES AND
INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661.
WHEREAS, Florida Paraplegic Association, Inc., Denny Wood and Damian Gregory, filed a
claim and lawsuit against Miami -Dade County,
the
Florida
r c of Florida,Department
Nop02-21039-CIV-GOLDortation and the City pf
inMiami, the United States District Court, Southern
in Miami -Dade County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated by the Office of the City
Attorney pursuant to Section 18-232 of ceeanddle nsurance Trust Fof the City of eu d,anld Foridasaid Officeerecom�mends that
which
created the City of Miami's Self-Insuranng
the claim and lawsuit be settled for the sum of s9stre00 ets arndtorneys fees and costs as well as s sidewalks of the City of Miami as required
repairs and modifications to the parks, buildings,
by the Americans with Disabilities Act;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Florida Paraplegi and the C t
Managery
Association, Inc.,
Dennynny Wood and Damian Gregoryandttorneys fees and costs l n the sum of streets and sidewalks
is directed to makearepairs
epa rs modifications to theparks, buildings,
within the maintenance jurisdiction of the dCitofs ittlemenPly with the of any andralguirements of l claims and demandshe
Americans with Disabilities Act, in full
against the City of Miami, for the case of Florida
ParaplegicoF, M ociationmi D v sionc Case vs.NoCity of Miami, in
the United States District Court, Southern District
City of Miami
Page 1 of 2
Printed On: 12/6/2005
File Number: 05-00714
03-
the attached
form,
LD, uthenfundsfor dismissingattorneys at fees and costs allocated Settlement
ed from the Self -Insurance and
substantiallythe attached form, with
Insurance Trust Fund, Index Code No. 515001,624401.6.661.
Section 3.This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
APPRO D A . TI FORM AND CORRECTNESS&
JORGE FE"NANDEZ
CITY A TOR EY NO
Footnotes;
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami
Page 2 of 2 Printed On: l2/6/2005